Can You Sue Your Employer For Disability Discrimination?

If you have faced adverse employment action due to a medical condition, you may have grounds for a disability discrimination lawsuit. This guide explains the ADA’s legal threshold, the interactive process for reasonable accommodation, and the necessary steps to file an EEOC or IDHR claim to recover damages.

The law is clear: a disability should not be a barrier to professional success. Yet, many high-level employees and executives find themselves sidelined, denied reasonable accommodations, or pushed out of their roles after disclosing a medical condition.

Disability discrimination is not just an employment issue, but a critical breach of professional and commercial standards.

The Legal Threshold: Do You Have a Case?

To successfully sue an employer for disability discrimination, the burden of proof rests on the plaintiff to establish a “prima facie” case. This means providing sufficient evidence to support a legal claim unless it is contradicted by the employer.

1. You Must Have a "Disability" Under the Law

The ADA defines a disability broadly. It is not limited to visible physical impairments. It includes:

• A physical or mental impairment that substantially limits one or more major life activities (breathing, walking, concentrating, working).

• A history or record of such an impairment (e.g., being in cancer remission).

• Being “regarded as” having an impairment, even if you do not actually have one.

2. You Must Be a "Qualified Individual"

To sue, you must demonstrate that you can perform the essential functions of your job, with or without a “reasonable accommodation.” If a disability renders you completely unable to perform the core duties of your role even with help, a discrimination claim becomes significantly more complex.

3. An Adverse Employment Action Occurred

Discrimination isn’t just a rude comment. To litigate, you must show that your employer took a tangible negative action against you because of your disability, such as termination, demotion or denial of a promotion, significant reduction in salary or benefits or the withdrawal of a previously extended job offer.

The "Reasonable Accommodation" Conflict

The most litigated aspect of disability law is the interactive process regarding reasonable accommodations. Under both federal and Illinois law, once an employee requests an accommodation, the employer is legally obligated to engage in a good-faith dialogue to find a solution.

What is "Reasonable"?

An accommodation is reasonable if it allows the employee to perform their job without imposing an “undue hardship” on the employer. In the context of a large corporation or a mid-sized firm, the threshold for “undue hardship” is very high. Financial cost is rarely a valid excuse for a billion-dollar entity to deny a $2,000 piece of adaptive equipment or a flexible remote work schedule.

Employers rarely admit they are discriminating. Instead, they often cite “downsizing,” “restructuring,” or “poor performance” as the reason for an adverse action. In legal terms, we call this a pretext.

Navigating the Process: EEOC vs. IDHR

In Illinois, you cannot simply walk into a courthouse and file a disability lawsuit on day one. You must first “exhaust your administrative remedies.”

• The Charge of Discrimination: You must file a formal charge with either the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). These agencies cross-file with each other.

• The Investigation: The agency will notify your employer and conduct an investigation. This may involve a mediation session—a critical point where many commercial disputes are settled quietly.

• The Right to Sue: If the agency does not resolve the matter, or if you request it after a certain period, you will receive a “Notice of Right to Sue.” Only then can your attorneys file a complaint in federal or state court.

Potential Damages: What Can You Recover?

When you sue for disability discrimination, the goal is to “make the plaintiff whole.” Depending on the specifics of your case, you may be eligible for:

• Back Pay: Wages and benefits lost from the date of the discrimination to the date of judgment.

• Front Pay: Compensation for future lost earnings if reinstatement is not possible.

• Compensatory Damages: For emotional distress, loss of enjoyment of life, and damage to professional reputation.

• Punitive Damages: Designed to punish the employer if their conduct was especially malicious or reckless.

• Attorney’s Fees: One of the most powerful aspects of the ADA is that a prevailing plaintiff can often have their legal fees paid by the employer.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.